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PEOPLE v. IZQUIERDO-FLORES

No. 2-01-0198.

773 N.E.2d 1286 (2002)

332 Ill. App.3d 632

266 Ill.Dec. 216

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Carlos IZQUIERDO-FLORES, Defendant-Appellee.

Appellate Court of Illinois, Second District.

August 1, 2002.

Attorney(s) appearing for the Case

Michael J. Waller, Lake County State's Attorney, Waukegan, Martin P. Moltz, Deputy Director, Gregory L. Slovacek, State's Attorneys Appellate Prosecutor, Elgin, for the People.

G. Joseph Weller, Deputy Defender (Court-appointed), Kathleen J. Hamill (Court-appointed), Office of the State Appellate Defender, Elgin, for Carlos

Justice BOWMAN delivered the opinion of the court:

After admitting that he killed his aunt, defendant, Carlos Izquierdo-Flores, was charged by indictment with second-degree murder (720 ILCS 5/9-2(a)(1), (a)(2) (West 2000)). More than 120 days after defendant filed a speedy trial demand on the original charges, the State filed a second indictment charging first-degree murder (720 ILCS 5/9-1(a)(1), (a)(2) (West 2000)) and sought leave to nol-pros the second-degree murder...

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